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B. Remedies. Where the Agency has terminated this Agreement because IAC is in Default pursuant to Section 808(A) immediately above, the following provisions shall apply: 1. The Agency may elect to terminate all acquisition activities forthwith. IAC shall be responsible for the Agency's Abandonment Costs as the same are described in Section 308. The Agency may continue to hold and draw against the Letters of Credit(or Cash Deposit) or the Pre-Acquisition Budget funds for such purpose. Any balance in the Letters of Credit, Cash Deposit or Pre-Acquisition Budget funds, together with interest, if any, remaining after payment of such Abandonment Costs, shall be returned to IAC. 2. The Basic Concept Drawings and all other drawings and work product of the architect and engineer in connection with work on thc IAC Project(collectively, the "Project Drawings") shall be made available to the Agency and, subject to the terms of the agreements with the architect and engineer, become and remain the property of the Agency for any and all purposes. Notwithstanding the foregoing sentence, IAC shall not be liable for any matter whatsoever that results from the use by any person or entity of the Basic Concept Drawings or the Project Drawings. 3. The Agency shall have the right but not the duty, in the Agency's sole discretion, as an alternative to Section 808(B)(1) to proceed with the acquisition process and to retain title to, any and all interests and rights in any Acquisition Pazcel the Agency may then hold; provided, however, that in such event the Agency shall reimburse IAC for the portion of any Total Acquisition Costs IAC may have paid for such title, interest or rights without interest. C. Cure of Defaults. Notwithstanding Section 808(B), if an event occurs pursuant to Section 808(A), then IAC shall have forty-five (45)days after receipt of notice with respect to such Default with due diligence, to commence to cure, correct or remedy such Default and thereafter pursue such cure, correction or remedy to completion. If IAC commences to cure within such period and completes such cure with diligence as aforesaid, then the Agency shall not terminate this Agreement or institute proceedings against IAC for such Default. §809 Neither Party is in Default; Rights and Duties Following Termination. A. No Default. The following occurrences give either party the right to terminate this Agreement with respect to the IAC Project Site, or subject to Section 801, with the Agency's prior written concurrence a portion thereof, but shall not be Defaults hereunder: 1. IAC determines that the Pre-Acquisition Budget exceeds IAC's projected pre-acquisition costs in accordance with Section 304(A); or 2. IAC chooses not to advance Supplemeatal Pre-Acquisition Costs to the Agency or supplement the Letter of Credit (or Cash Deposit) in accordance with Section 304(A); or 3. IAC elects or is deemed to elect not to proceed in accordance with Section 304(D); or ; — 35 9627:83976.25